by using the site in any manner, including but not limited to visiting or browsing the site, you (the "user" or "you") agree to be bound by this agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This agreement applies to all users of the site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the site.
Afroswagg acts as a venue to allow users, who comply with this agreement. Afroswagg is not directly involved in the transactions between buyers and sellers. As a result, Afroswagg has no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Afroswagg does not pre-screen content or information provided by users. Afroswagg cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Afroswagg cannot and does not transfer legal ownership of items from the seller to the buyer.
Afroswagg cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the site and asks that you do not arrange to meet users from the site in person.
You agree that Afroswagg is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Afroswagg. You use the Afroswagg service at your own risk.
Age: Afroswagg`s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Afroswagg may, in its sole discretion, refuse to offer access to or use of the site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions.
Compliance: you agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the site. In addition, you agree to abide by Afroswagg`s policies as stated in this agreement and listed below (if applicable to your activities on or use of the site) as well as all other operating rules, policies and procedures that may be published from time to time on the site by Afroswagg.
In addition, some services offered through the site may be subject to additional terms and conditions published by Afroswagg from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this agreement by this reference.
Password: keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Afroswagg of any unauthorized use of your password or any breach of security. You also agree that Afroswagg cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Afroswagg without Afroswagg` s express written permission.
Account information: you must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on Afroswagg you must provide and maintain a valid contact information and postal address.
Account transfer: you may not transfer or sell your Afroswagg account and user id to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement.
Account ownership: sellers may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the seller must request prior written permission from Afroswagg. Afroswagg reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.
Feedback: Afroswagg takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. Afroswagg reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
Right to refuse service: Afroswagg reserves the right to refuse service to anyone at any time. Afroswagg` s services are not available to temporarily or indefinitely suspended Afroswagg members. Afroswagg reserves the right, in Afroswagg` s sole discretion, to cancel unconfirmed or inactive accounts.
Fees and services
Afroswagg charges a percentage of the sale price when the item sells. Afroswagg` s features and fees are subject to change, are incorporated into this agreement by reference. Increase to the features & fees for Afroswagg’ s services are effective after Afroswagg provides you with at least thirty (30) days' notice by posting the changes on the site. However, Afroswagg may choose to temporarily change the features & fees for its services for promotional events; such changes are effective when Afroswagg posts the temporary promotional event on the site. Afroswagg may decrease the fees as stated in the features & fees with no notice to you. Afroswagg may, at its sole discretion, change some or all of Afroswagg’ s services at any time. In the event Afroswagg introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in us dollars (USD).
Listing and selling
Listing description: by listing an item on the site you warrant that you and all aspects of the item comply with Afroswagg`s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.
Binding sale: all sales are binding. The seller is responsible for either delivering to Afroswagg warehouse or shipping up to the point of delivery within 7 days, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Promotional codes: sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s boutique only. Promotional codes have no cash value and cannot be exchanged for money or credit.
Prohibited, questionable and infringing items and activities
You are solely responsible for your conduct and activities on and regarding to Afroswagg and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "content") that you submit, post, and display on Afroswagg copyright policy.
Restricted activities: your content and your use of Afroswagg:
1. Must not be false, inaccurate or misleading
2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Must not breach this agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Must not contain items that have been identified as hazardous to consumers
6. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Afroswaggstaff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Must not be obscene
8. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
9. Must not modify, adapt or hack Afroswagg or modify another website so as to falsely imply that it is associated with Afroswagg;
10. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this agreement or other policy documents as posted on Afroswagg.
By uploading content to Afroswagg you promise that you own and/or have the right to use such content in this manner and that such content does not infringe any third party intellectual property rights. In the event that Afroswagg receives a complaint in respect of any content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Afroswagg for any loss suffered. Afroswagg reserves the right to remove any such content immediately.
By uploading your images to Afroswagg, you agree that Afroswagg has the right to use your images to promote Afroswagg and/or your clothes/store in any external press as well as across all partner websites.
Re-posting content: by posting content on Afroswagg, it is possible for an outside website or a third party to re-post that content. You agree to hold Afroswagg harmless for any dispute concerning this use. If you choose to display your own Afroswagg-hosted image on another website, the image must provide a link back to its listing page on Afroswagg.
Idea submissions: Afroswagg considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the site or otherwise (other than the content and the tangible items sold on the site by users) (collectively, the "material") to be non-confidential and non-proprietary, and Afroswagg shall not be liable for the disclosure or use of such material. If, at Afroswagg`s request, any member sends material to improve the site (for example to customer support), Afroswagg will also consider that material to be non-confidential and non-proprietary and Afroswagg will not be liable for use or disclosure of the material. Any communication by you to Afroswagg is subject to this agreement. You hereby grant and agree to grant Afroswagg, under all of your rights in the material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Interactions with other users and private messaging
Users are solely responsible for interactions with others. Users understand that Afroswagg does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with other Afroswagg members. It’s essentially email, but purely for Afroswagg members. Messages are primarily intended for communicating about transactions and orders that are underway.
• You must not use messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
• Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
• You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
• If someone explicitly tells you not to contact them, you must not use messages to contact them again, unless you are involved in an open transaction.
• You must not use messages to interfere with a transaction. This means… ◦ you must not contact another member to buy or sell an item listed on Afroswagg outside of the Afroswagg site.
· You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.
As an anti-spam measure, sending too many messages too quickly may auto-disable your account.
Afroswagg does not control the content provided by users that is made available on its site. You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade. By using Afroswagg, you agree to accept such risks and that Afroswagg and Afroswagg` s directors, agents, subsidiaries, joint ventures and employees is not responsible for any acts or omissions of users on its site. Please use caution, common sense, and practice safe buying and selling when using Afroswagg.
Other resources: Afroswagg is not responsible for the availability of outside websites or resources linked to or referenced on the site. Afroswagg does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Afroswagg shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the site from your computer.
Resolution of disputes and release
In the event a dispute arises between you and Afroswagg, please contact Afroswagg public relations.
Should you have a dispute with one or more users, or an outside party, you release Afroswagg (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Afroswagg, for the benefit of users, may try to help users resolve disputes. Afroswagg does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Afroswagg attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies. Afroswagg will not make judgments regarding legal issues or claims.
Afroswagg` s intellectual property
Afroswagg graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Afroswagg LLC and its subsidiaries. Afroswagg` s copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Afroswagg may, without notice, delay or immediately remove content, warn Afroswagg` s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the site, and take technical and legal steps to keep a user off the site and refuse to provide services to a user if any of the following apply:
• Afroswagg is unable to verify or authenticate any of your personal information or content
• Afroswagg believes that a user is acting inconsistently with the letter or spirit of Afroswagg` s policies and/or this agreement, has engaged in improper or fraudulent activity in connection with Afroswagg or the actions may cause legal liability or financial loss to Afroswagg` s users.
Afroswagg, officers, directors, employees, and suppliers provide Afroswagg` s web site and services "as is" and without any warranty or condition, express, implied or statutory. Afroswagg, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Afroswagg shall create any warranty.
In no event shall Afroswagg, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Afroswagg` s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Afroswagg` s liability, and (as applicable) the liability of Afroswagg` s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to Afroswagg in the 6 months prior to the action giving rise to liability, or (b) $100.
You agree to indemnify and hold Afroswagg and (as applicable) Afroswagg` s subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
Afroswagg does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside Afroswagg` s control or otherwise.
Legal compliance and taxes
You shall comply with all applicable domestic and international laws and regulations regarding your use of the site and any Afroswagg service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the site.
If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this agreement shall remain in full force and effect.
You and Afroswagg are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.